proportionality

How should the court reason on the level of fines. Supreme Court provides framework.
How should the court reason on the level of fines. Supreme Court provides framework. 2560 1708 SarisLaw

In its judgment of 29 May 2020 (ECLI:NL:HR:2020:973), the Supreme Court devoted an interesting consideration to how the tax court should assess the proportionality of administrative penalties. The Supreme Court…

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Administrative Jurisdiction Division applies the administrative loop when determining the amount of a health & safety fine. The size of a company affects the amount of the fine
Administrative Jurisdiction Division applies the administrative loop when determining the amount of a health & safety fine. The size of a company affects the amount of the fine 1000 667 SarisLaw

On 14 March 2018, an interlocutory decision of the Administrative Jurisdiction Division was published in which it applied an administrative loop in assessing the amount of an administrative fine. This…

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Administrative Jurisdiction Division confirms: the amount of fines in the penalty policy for employers’ obligations under Article 15 of the Foreign Nationals (Employment) Act are disproportionate
Administrative Jurisdiction Division confirms: the amount of fines in the penalty policy for employers’ obligations under Article 15 of the Foreign Nationals (Employment) Act are disproportionate 1000 668 SarisLaw

In its judgment of 14 December 2016, the Administrative Jurisdiction Division (Division) ruled that the standard amounts for fines in the penalty policy for violation by employers of Article 15…

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What are the consequences of cumulative fines if administrative fines are imposed on different companies within the same group?
What are the consequences of cumulative fines if administrative fines are imposed on different companies within the same group? 1000 667 SarisLaw

The cumulative effect resulting from fining different companies within the same group can affect the amount of the fine, according to a judgment of the Administrative Jurisdiction Division of 21…

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New approach to ‘special circumstances’ within the meaning of Article 4:84 of the General Administrative Law Act: significance for deviating from the administrative penalty policy
New approach to ‘special circumstances’ within the meaning of Article 4:84 of the General Administrative Law Act: significance for deviating from the administrative penalty policy 1000 674 SarisLaw

In a judgment of 26 October 2016, the Administrative Jurisdiction Division gave a new interpretation to the inherent power to derogate of Article 4:84 of the General Administrative Law Act…

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Standard fines in Article 15 of the Foreign Nationals (Employment) Act are disproportionate
Standard fines in Article 15 of the Foreign Nationals (Employment) Act are disproportionate 1000 667 SarisLaw

On 20 June 2016, the District Court of Midden-Nederland rendered an important judgment for the practice of fines under the Foreign Nationals (Employment) Act (FNA). The Court sets aside the…

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Combined financial strength: financial situation of parent company may be taken into account when determining the financial standing of the subsidiary that is being fined
Combined financial strength: financial situation of parent company may be taken into account when determining the financial standing of the subsidiary that is being fined 1000 563 SarisLaw

The Administrative Jurisdiction Division ruled in its judgment that the financial situation of a parent undertaking can be taken into account when determining the financial strength of its fined subsidiary…

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Proportionality of fines in case of a repeat offence: no automatic increase of fines!
Proportionality of fines in case of a repeat offence: no automatic increase of fines! 1000 750 SarisLaw

On 9 March 2016, the Administrative Jurisdiction Division ruled that a fine can be mitigated in case of recidivism, even if the law or regulation obliges the administrative authority to…

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Proportionality of the new Policy Rules on the imposition of fines in Foreign Nationals (Employment) Act 2015?
Proportionality of the new Policy Rules on the imposition of fines in Foreign Nationals (Employment) Act 2015? 1000 667 SarisLaw

As of 1 July 2015, the long-awaited amended Policy Rules on the imposition of fines in Foreign Nationals (Employment) Act 2015 entered into force. For many employers who are (or…

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